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Defamation Concerns Notice - Template, Sample Form Pro · AU-law

✓ Valid in Australia · drafted to comply with local law

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Defamation Concerns Notice - Template, Sample Form
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________
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WITHOUT PREJUDICE

Date: ________

RE: CONCERNS NOTICE — Defamation Act 2005 (NSW) (the “Act”)

Dear ________,

1. This letter constitutes a Concerns Notice given under section 12B of the Defamation Act 2005 (NSW) (the “Notice”) by ________ (the “Aggrieved Person”) to ________ (the “Publisher”) in respect of the matter described below.

2. The matter in question. This Notice relates to the following published material (the “Material”):

________

3. The Material was published on or about ________ and may be located or accessed at:

________

4. Evidence of the matter. I refer you to the following attachments, which provide evidence of where the Material can be accessed or which set out a copy of the Material in accordance with section 12B(2) of the Act:

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5. Identification. The Material refers to and identifies me personally. I am identified in the Material as follows:

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6. The defamatory statement. I consider the Material to be defamatory of me. In particular, the Material contains the following statement(s):

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7. Defamatory imputations. The Material conveys, and was understood to convey, the following imputation(s) about me, each of which is false and defamatory:

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8. Serious harm. The publication of the Material has caused, or is likely to cause, serious harm to my reputation within the meaning of section 10A of the Act, particulars of which are as follows:

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10. Additional requirements. Without prejudice to any of my future legal rights in relation to this matter, I also require the following:

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11. Statutory period for response. Pursuant to section 14(2) of the Act, you have a period of 28 days from the date you are given this Notice within which to make an offer to make amends. Should you make any reasonable request in writing for further particulars of the imputations of concern, I will provide those particulars within 14 days as required by section 12B(3) of the Act.

13. Address for response. Any offer to make amends, request for particulars, or other correspondence in relation to this Notice should be directed to me at the address set out at the head of this letter.


Yours sincerely,


________
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